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Jeremy + Kristy

Any chance I'm already a dual citizen?

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My mother was born to German parents in Canada after my grandparents were already Canadian citizens (I think). After my grandparents emigrated from Canada to the US and became US Citizens, my mother did as well by virtue of being a minor child.

Even if so, would pursuing this route be easier for me, anyway? Our plans are for her to move to the US with me, and get married in the States. Another option would be for me to sell my house and move to Canada, and continue to work in the US.

Adjustment of Status / EAD / AP
Day 000: 2007-12-27 Mailed Application
Day 002: 2007-12-29 Received at Chicago Lockbox
Day 003: 2007-12-30 "Received Date"
Day 007: 2008-01-03 All 5 NOAs (K1 + K2 AOS, K1 EAD, K1 + K2 AP)
Day 008: 2008-01-04 K-2 AOS Touched
Day 011: 2008-01-07 $1610 Check cleared
Day 011: 2008-01-07 All 5 physical NOAs received
Day 012: 2008-01-08 K-1 files Touched, but not K-2
Day 014: 2008-01-10 K-2 AP Touched
Day 016: 2008-01-12 Biometrics Appt. Letter Received
Day 029: 2008-01-25 Biometrics Appt.
Day 043: 2008-02-08 K-2 Notice of interview received
Day 044: 2008-02-09 K-1 Notice of interview received
Day 056: 2008-02-21 APs approved and EAD card production ordered
Day 126: 2008-05-01 Interviews
-----------------------------------------------------------
K1/K2 Application
Day 000: 2007-03-16 Sent out I-129F Package
Day 012: 2007-03-28 NOA1
Day 082: 2007-06-06 NOA2
Day 103: 2007-06-27 NVC Received
Day 105: 2007-06-29 NVC Forwarded to Montreal
Day 117: 2007-07-11 Montreal Sends Packet 3
Day 125: 2007-07-19 Receive Packet 3
Day 129: 2007-07-23 Send Checklist and Forms Back
Day 131: 2007-07-25 Montreal Receives Packet 3
Day 137: 2007-07-31 Medical
Day 169: 2007-09-01 "Wedding" (aka the $10K party)
Day 192: 2007-09-24 Receive "Packet 4" (Interview letter)
Day 238: 2007-11-09 Interview in Montreal
Day 245: 2007-11-16 Visas Received
Day 248: 2007-11-19 Moved to USA
Day 249: 2007-11-20 Legal wedding


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With your mother being born there, there is a possibility..depends on some things..

Check this link...scroll down to DE/Germany and click on YES/NO to see the full story on Germany..

Germany/Dual Citizenship<--really good link

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It would depend on your date of birth. If your mother was born in Canada, she would still be considered a Canadian citizen even after she emigrated to the US.

You are a Canadian citizen if you were born outsideCanada and:

you were born after February 14, 1977; and

you had a parent who was Canadian at the time of your birth.

http://www.cic.gc.ca/english/citizen/bornout-info.html

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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Sorry that info is for people whose Grandparents were born in Canada and parent was born outside of Canada.

You'd be considered a Canadian Citizen based on your mother's Canadian Citizenship and would need to apply for a certificate of citizenship in order to prove it.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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Ha,

Ignore everything I've said above, here is the correct info (which is really somewhat complex).

Any person born outside Canada from 15 February 1977, who has a Canadian parent at the time of birth, is automatically a Canadian citizen by descent.

If the Canadian parent is also Canadian by descent and the other parent is not born or naturalized in Canada, then Canadian citizenship will be lost on that person's 28th birthday unless the person successfully applies to retain Canadian citizenship.

Those born outside Canada between 1 January 1947 and 15 February 1977 are generally not Canadian citizens unless their birth was registered with the Canadian government before they were two years of age (and neither they nor their responsible parent subsequently lost Canadian citizenship by becoming citizens of another country before 1977) OR they applied for Canadian citizenship by descent before 14 August 2004. Applications for citizenship by descent fell into two categories: 1) delayed registration of birth abroad, which, when granted, made the person a citizen from birth (as if the birth had been registered with the Canadian government within two years as required by the 1947 Citizenship Act), and 2) a facilitated grant, in cases where the Canadian parent was the mother, not the father. The latter was not retroactive, so does not make children of the grantee born before the grant, Canadian citizens.

One class of Canadian citizens by descent who can still claim citizenship are those whose births were registered as required by the 1947 Act, but who then lost their Canadian citizenship when their responsible parent (normally the father) became a naturalized citizen of another country. In 2005, the Canadian Parliament passed a law allowing such persons who lost citizenship as minors to apply to resume Canadian citizenship without a residency or background-check requirement.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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Filed: Country: Canada
Timeline
It would depend on your date of birth. If your mother was born in Canada, she would still be considered a Canadian citizen even after she emigrated to the US.

You are a Canadian citizen if you were born outsideCanada and:

you were born after February 14, 1977; and

you had a parent who was Canadian at the time of your birth.

http://www.cic.gc.ca/english/citizen/bornout-info.html

Actually no... if her mother become a US Citizen becuase of her parents becoming US Citizens before 1977, she (the mother) would have lost her Canadian Citizenship... it sucks, but that's how it worked... there's been some significant probles involved with the old provision of the Canadian Citizenship law... there have been many stories of people who had gotten another citizenship for some reason, subsequently moved back to Canada and lived their lives only to be told that they weren't Canadian Citizens when they applied for a passport for the first time...

This happened in my family, my aunt (my grandmother's sister), got married to an American moved to the US, had kids and subsequently become a US Citizen.. because of that she lost her Canadian Citizenship and her children did as well.. My grandmother did the same thing.. married an American, moved to the US and never became a US Citizen until the 80's (so she could get Social Security outside of the US)... because of this simple matter of timing, my mother and I are Canadian Citizens.. my cousins from my aunt are not...

Hence the reason for the provision in the Citizenship Act for an expiditious method for these people to reclaim their citizenship...

Edited by zyggy

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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Filed: Country: Canada
Timeline
Ha,

Ignore everything I've said above, here is the correct info (which is really somewhat complex).

Any person born outside Canada from 15 February 1977, who has a Canadian parent at the time of birth, is automatically a Canadian citizen by descent.

If the Canadian parent is also Canadian by descent and the other parent is not born or naturalized in Canada, then Canadian citizenship will be lost on that person's 28th birthday unless the person successfully applies to retain Canadian citizenship.

Those born outside Canada between 1 January 1947 and 15 February 1977 are generally not Canadian citizens unless their birth was registered with the Canadian government before they were two years of age (and neither they nor their responsible parent subsequently lost Canadian citizenship by becoming citizens of another country before 1977) OR they applied for Canadian citizenship by descent before 14 August 2004. Applications for citizenship by descent fell into two categories: 1) delayed registration of birth abroad, which, when granted, made the person a citizen from birth (as if the birth had been registered with the Canadian government within two years as required by the 1947 Citizenship Act), and 2) a facilitated grant, in cases where the Canadian parent was the mother, not the father. The latter was not retroactive, so does not make children of the grantee born before the grant, Canadian citizens.

One class of Canadian citizens by descent who can still claim citizenship are those whose births were registered as required by the 1947 Act, but who then lost their Canadian citizenship when their responsible parent (normally the father) became a naturalized citizen of another country. In 2005, the Canadian Parliament passed a law allowing such persons who lost citizenship as minors to apply to resume Canadian citizenship without a residency or background-check requirement.

Yes, but their children would not have been able to claim Citizenship because of their parent's renewed Citizenship... again, based on the scanario presented above, I do not believe that the OP is eligible for Canadian Citizenship... but it appears that her mother is...

If this is for the opposite (wanting to become a US Citizen through his mother a few things needed to happen depending on when you were born..

Your mother would have had to have lived in the US for 5 years (10 before 1981 or so) before you were born with 2 of those years being after the age of 14 (or 5 in the old rules). If your parent didn't fulfill those requirements, then you would not be a US Citizen...

Edited by zyggy

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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Thanks, zyggy.

I'm the Jeremy of "Jeremy + Kristy" (and probably will be most of the time, as my fiancee probably won't actually post on here), by the way.

I figured that would be the case, but my mother is now deceased, so she couldn't apply to retain her citizenship. I'm not necessarily sure how that even if I could claim Canadian citizenship that it would necessarily expedite our plans.

Adjustment of Status / EAD / AP
Day 000: 2007-12-27 Mailed Application
Day 002: 2007-12-29 Received at Chicago Lockbox
Day 003: 2007-12-30 "Received Date"
Day 007: 2008-01-03 All 5 NOAs (K1 + K2 AOS, K1 EAD, K1 + K2 AP)
Day 008: 2008-01-04 K-2 AOS Touched
Day 011: 2008-01-07 $1610 Check cleared
Day 011: 2008-01-07 All 5 physical NOAs received
Day 012: 2008-01-08 K-1 files Touched, but not K-2
Day 014: 2008-01-10 K-2 AP Touched
Day 016: 2008-01-12 Biometrics Appt. Letter Received
Day 029: 2008-01-25 Biometrics Appt.
Day 043: 2008-02-08 K-2 Notice of interview received
Day 044: 2008-02-09 K-1 Notice of interview received
Day 056: 2008-02-21 APs approved and EAD card production ordered
Day 126: 2008-05-01 Interviews
-----------------------------------------------------------
K1/K2 Application
Day 000: 2007-03-16 Sent out I-129F Package
Day 012: 2007-03-28 NOA1
Day 082: 2007-06-06 NOA2
Day 103: 2007-06-27 NVC Received
Day 105: 2007-06-29 NVC Forwarded to Montreal
Day 117: 2007-07-11 Montreal Sends Packet 3
Day 125: 2007-07-19 Receive Packet 3
Day 129: 2007-07-23 Send Checklist and Forms Back
Day 131: 2007-07-25 Montreal Receives Packet 3
Day 137: 2007-07-31 Medical
Day 169: 2007-09-01 "Wedding" (aka the $10K party)
Day 192: 2007-09-24 Receive "Packet 4" (Interview letter)
Day 238: 2007-11-09 Interview in Montreal
Day 245: 2007-11-16 Visas Received
Day 248: 2007-11-19 Moved to USA
Day 249: 2007-11-20 Legal wedding


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Filed: Country: United Kingdom
Timeline
Thanks, zyggy.

I'm the Jeremy of "Jeremy + Kristy" (and probably will be most of the time, as my fiancee probably won't actually post on here), by the way.

I figured that would be the case, but my mother is now deceased, so she couldn't apply to retain her citizenship. I'm not necessarily sure how that even if I could claim Canadian citizenship that it would necessarily expedite our plans.

Don't feel too bad about it Jeremy. You and I can start a club for misfit wanna-be dualies.. I missed out on my Can citz too. (wouldja believe my mom natz'd to USC right in '77?!)

PS: I don't think it would've helped your US immigration plans, but it would be nice!

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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C.'s cousin, whose mother is British, had a problem like that. Not quite sure of the details, but it involves him thinking he has Canadian citizenship, moving to the UK to school, and discovering when he tries to return that he doesn't have Canadian citizenship (or resident status) and ends up over there for 9 months while they sort out the paperwork problems.

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

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Filed: Country: Canada
Timeline
Thanks, zyggy.

I'm the Jeremy of "Jeremy + Kristy" (and probably will be most of the time, as my fiancee probably won't actually post on here), by the way.

I figured that would be the case, but my mother is now deceased, so she couldn't apply to retain her citizenship. I'm not necessarily sure how that even if I could claim Canadian citizenship that it would necessarily expedite our plans.

Sorry.. it wasn't quite clear to me who you were referring to...

But yes, you are not a Canadian Citizen... I know it stinks... Parliment was talking about passing a law so that you could get yours back as well, but it died with the previous government...

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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Filed: Citizen (pnd) Country: Canada
Timeline

Ack, My brain hurts just reading this thread. I just applied for my Citizenship card. It took 6 1/2 months from filing to getting the card. Iffun You are interested.

IR1

April 14, 2004 I-130 NOA1

April 25, 2005 IR1 Received

April 26, 2005 POE Dorval Airport

May 13, 2005 Welcome to America Letters Received

May 21, 2005 PR Card in Mail

May 26, 2005 Applied for SSN at local office

June 06, 2005 SSN Received

June 11, 2005 Driver Licence Issued!

June 20, 2005 Deb gets a Check Card! Just like Donald Trump's!

Citizenship

Jan 30, 2008 N400 Mailed off to the VSC!

Feb 2, 2008 N400 Received at VSC

Feb 6, 2008 Check Cashed!

Feb 13, 2008 NOA1 Received

Feb 15, 2008 Fingerprint letter received. (Feb 26th scheduled)

Feb 18, 2008 Mailed out the old Please Reschedule us for Biometics <sigh>...

Feb 27, 2008 Received the new scheduled biometrics.

Mar 15, 2008 Biometrics Rescheduled.

Sep 18, 2008 Interview Letter Recieved.

Nov 11, 2008 Interview Passed :-).

Nov 14, 2008 Oath Cerimony.

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